P-539

The Office of the Public Trustee, an agency of the Ministry of the Attorney General (the Ministry), received a request pursuant to the Freedom of Information and Protection of Privacy Act (the Act) for access to background financial information about a named home for senior citizens. The request was sent to the Ministry for processing.

Pursuant to section 28(1) of the Act, the Ministry notified a representative of the senior citizens home (the representative) as its interests might be affected by disclosure of the requested records. The representative objected to the disclosure of the requested records. The Ministry decided to release the records to the requester. The representative then requested access to the name and address of the original requester. The Ministry contacted the original requester who advised that he or she wishes to remain anonymous. The Ministry refused to inform the representative of the name and address of the original requester, relying on section 21 of the Act. The representative appealed the Ministry's decision to deny access to the name and address of the original requester.

Mediation of the appeal was not possible and notice that an inquiry was being conducted to review the decision of the Ministry was sent to the Ministry, the appellant and the original requester (the affected party). Representations were received from the Ministry only. In its representations, the Ministry confirmed that it was specifically relying on the exemptions contained in sections 21(2)(f) and (h) of the Act.

• FIPPA
• 2(1) personal information
• 2(1) personal information (d)
• 2(1) personal information (h)
• 21(1)(f)

• Address
• address
• Name of Requester